(15-21)

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

(  15  )

“Appeal from Tribunal

(1)
A person who is party to proceedings before the Tribunal under section

(Appeal to Tribunal) may appeal on a point of law to the High Court.

(2)
An appeal under subsection (1) may be brought only with the permission

of—

(a)
the Tribunal, or

(b)
if the Tribunal refuses permission, the High Court.”

The Commons disagree to this Amendment for the following Reason—
21A
Because it is consequential on Amendments 1 to 10 to which the Commons have disagreed.

LORDS INSISTENCE AND REASON

The Lords insist on their Amendment 21, for the following Reason—
21B
Because this Amendment is consequential on Lords Amendment 1, on which the Lords have

insisted.

LORDS AMENDMENT NO. 22
22
Insert the following new Clause—

“The register

Form of the register

The Secretary of State may make regulations about—

(a)
the form of the register;

(b)
the manner in which it is maintained.”

The Commons disagree to this Amendment for the following Reason—
22A
Because it is consequential on Amendments 1 to 10 to which the Commons have disagreed.

LORDS INSISTENCE AND REASON

The Lords insist on their Amendment 22, for the following Reason—
22B
Because this Amendment is consequential on Lords Amendment 1, on which the Lords have

insisted.

LORDS AMENDMENT NO. 23
23
Insert the following new Clause—

“Content of the register

In the case of each registration the register shall record—

(a)
the species of wild mammal in respect of the hunting of which the

registration has effect,

(b)
the area in respect of hunting in which the registration has effect,

(  16  )

(c)
any other information provided in or with the application for

registration,

(d)
any conditions of the registration (apart from those specified in

section (Automatic conditions of individual registration) or (Automatic

conditions of group registration), and

(e)
such other matters as may be prescribed by regulations made by the

Secretary of State.”

The Commons disagree to this Amendment for the following Reason—
23A
Because it is consequential on Amendments 1 to 10 to which the Commons have disagreed.

LORDS INSISTENCE AND REASON

The Lords insist on their Amendment 23, for the following Reason—
23B
Because this Amendment is consequential on Lords Amendment 1, on which the Lords have

insisted.

LORDS AMENDMENT NO. 24
24
Insert the following new Clause—

“Inspection of the register

(1)
The registrar—

(a)
shall make the register available for inspection by the public at all

reasonable times, and

(b)
shall provide a copy of an entry in the register to any person who

requests it.

(2)
But the Secretary of State may by regulations—

(a)
provide that information of a specified kind shall not be made

available for inspection under subsection (1)(a) and shall be omitted

from copies provided under subsection (1)(b);

(b)
require the payment of a specified fee as a precondition of the

provision of a copy under subsection (1)(b).

(3)
Regulations under subsection (2)(a) may make provision by reference to a

request of a registered individual.”

The Commons disagree to this Amendment for the following Reason—
24A
Because it is consequential on Amendments 1 to 10 to which the Commons have disagreed.

LORDS INSISTENCE AND REASON

The Lords insist on their Amendment 24, for the following Reason—
24B
Because this Amendment is consequential on Lords Amendment 1, on which the Lords have

insisted.

LORDS AMENDMENT NO. 25
25
Insert the following new Clause—

(  17  )

“Standard duration of registration

Registration under this Part shall have effect for—

(a)
the period of three years starting with the date on which it is

effected, or

(b)
such shorter period starting with that date as may be specified in

the application for registration.”

The Commons disagree to this Amendment for the following Reason—
25A
Because it is consequential on Amendments 1 to 10 to which the Commons have disagreed.

LORDS INSISTENCE AND REASON

The Lords insist on their Amendment 25, for the following Reason—
25B
Because this Amendment is consequential on Lords Amendment 1, on which the Lords have

insisted.

LORDS AMENDMENT NO. 26
26
Insert the following new Clause—

“Renewal of registration

(1)
Registration under this Part may be renewed so as to continue to have

effect for—

(a)
the period of three years starting with the date on which renewal is

effected, or

(b)
such shorter period starting with that date as may be specified in

the application for renewal.

(2)
A provision of this Act which has effect in relation to an application for

registration shall have effect (with any necessary modifications) in relation

to an application for the renewal of a registration.

(3)
If an application for renewal of registration is made more than six months

before the registration would otherwise expire, the registration shall

continue to have effect until the application is finally determined.

(4)
Subsection (3) has effect—

(a)
despite section (Standard duration of registration), but

(b)
subject to any power under this Part to cancel or vary a registration.

(5)
Regulations under this Part may make special provision in relation to

applications for renewal.”

The Commons disagree to this Amendment for the following Reason—
26A
Because it is consequential on Amendments 1 to 10 to which the Commons have disagreed.

LORDS INSISTENCE AND REASON

The Lords insist on their Amendment 26, for the following Reason—
26B
Because this Amendment is consequential on Lords Amendment 1, on which the Lords have

insisted.

(  18  )

LORDS AMENDMENT NO. 27
27
Insert the following new Clause—

“Handling of applications

(1)
The Secretary of State may make regulations about the treatment of an

application under this Part (other than under section (Application by

individual) or (Application on behalf of group).

(2)
The regulations may, in particular—

(a)
enable the registrar to request, before determining an application,

the provision of information or additional information by the

applicant or applicants or by a prescribed animal welfare body;

(b)
make provision about timing.”

The Commons disagree to this Amendment for the following Reason—
27A
Because it is consequential on Amendments 1 to 10 to which the Commons have disagreed.

LORDS INSISTENCE AND REASON

The Lords insist on their Amendment 27, for the following Reason—
27B
Because this Amendment is consequential on Lords Amendment 1, on which the Lords have

insisted.

LORDS AMENDMENT NO. 28
28
Insert the following new Clause—

“Conditions of registration

Automatic conditions of individual registration

(1)
Individual registration is subject to the conditions specified in this section.

(2)
The first condition is that in the course of hunting carried out in reliance on

the registration reasonable steps are taken to ensure—

(a)
that any wild mammal injured or captured is killed quickly and

humanely,

(b)
that any wild mammal shot in accordance with paragraph (a) is

shot by a competent person, and

(c)
that hunting is carried out on land only with the prior permission

of the occupier of the land or, in the case of unoccupied land, a

person to whom it belongs.

(3)
The second condition is that any inspector appointed by a prescribed

animal welfare body is permitted on request to accompany the registered

individual for the purpose of inspecting hunting carried on in reliance on

the registration.

(4)
The third condition is that there is insurance in place in respect of loss or

damage caused to persons other than the registered individual in the

course of hunting carried on in reliance on the registration.

(  19  )

(5)
The fourth condition is that where the registered individual hunts in

reliance on the registration not more than two other individuals (whether

registered or not) participate in the hunting.”

The Commons disagree to this Amendment for the following Reason—
28A
Because it is consequential on Amendments 1 to 10 to which the Commons have disagreed.

LORDS INSISTENCE AND REASON

The Lords insist on their Amendment 28, for the following Reason—
28B
Because this Amendment is consequential on Lords Amendment 1, on which the Lords have

insisted.

LORDS AMENDMENT NO. 29
29
Insert the following new Clause—

“Automatic conditions of group registration

(1)
Group registration is subject to the conditions specified in this section.

(2)
The first condition is that in the course of hunting carried out in reliance on

the registration reasonable steps are taken to ensure—

(a)
that any wild mammal injured or captured is killed quickly and

humanely,

(b)
that any wild mammal shot in accordance with paragraph (a) is

shot by a competent person, and

(c)
that hunting is carried out on land only with the prior permission

of the occupier of the land or, in the case of unoccupied land, a

person to whom it belongs.

(3)
The second condition is that any inspector appointed by a prescribed

animal welfare body is permitted on request to accompany individuals

hunting in reliance on the registration for the purpose of inspecting their

hunting.

(4)
The third condition is that there is insurance in place in respect of loss or

damage caused to persons other than those registered in the course of

hunting in reliance on the registration.

(5)
The fourth condition is that—

(a)
on each occasion on which hunting is carried out in reliance on the

registration a record is made of the identity of each individual

(whether registered or not) who participates in the hunt, and

(b)
a record made under paragraph (a) is retained throughout the

duration of the registration.

(6)
The fifth condition is that reasonable steps are taken to exclude from

participation in hunting carried out in reliance on the registration any

individual whom any of the registered individuals knows or suspects—

(a)
to have had his registration under this Part cancelled, or to have

been removed from a group registration, within the previous

period of three years,

(  20  )

(b)
to be subject to a disqualification order under section

(Disqualification for registration), or

(c)
to have been convicted of an offence under this Act, the Protection

of Animals Act 1911 (c. 27), the Protection of Animals (Scotland)

Act 1912 (c. 14), the Wild Mammals (Protection) Act 1996 (c. 3), the

Protection of Wild Mammals (Scotland) Act 2002 (asp 6), or under

section 2 of the Protection of Badgers Act 1992 (c. 51).”

The Commons disagree to this Amendment for the following Reason—
29A
Because it is consequential on Amendments 1 to 10 to which the Commons have disagreed.

LORDS INSISTENCE AND REASON

The Lords insist on their Amendment 29, for the following Reason—
29B
Because this Amendment is consequential on Lords Amendment 1, on which the Lords have

insisted.

LORDS AMENDMENT NO. 30
30
Insert the following new Clause—

“Amendment of automatic conditions

The Secretary of State may by order amend section (Automatic conditions of

individual registration) or (Automatic conditions of group registration) so as

to—

(d)
add a condition;

(e)
remove a condition;

(f)
vary a condition.”

The Commons disagree to this Amendment for the following Reason—
30A
Because it is consequential on Amendments 1 to 10 to which the Commons have disagreed.

LORDS INSISTENCE AND REASON

The Lords insist on their Amendment 30, for the following Reason—
30B
Because this Amendment is consequential on Lords Amendment 1, on which the Lords have

insisted.

LORDS AMENDMENT NO. 31
31
Insert the following new Clause—

“Variation of non-automatic condition

(1)
An individual who is the subject of an individual registration may apply to

the registrar for variation of the conditions of the registration (other than a

condition imposed by section (Automatic conditions of individual

registration)).

(  21  )

(2)
A group of individuals who are the subject of a group registration may

apply to the registrar for variation of the conditions of the registration

(other than a condition imposed by section (Automatic conditions of group

registration)).

(3)
An application must—

(a)
be in the prescribed form,

(b)
contain the prescribed information,

(c)
be accompanied by the prescribed documents (if any), and

(d)
be accompanied by the prescribed fee.

(4)
Section (Determination by registrar) shall apply to an application under this

section as if—

(a)
a reference to the hunting proposed to be carried out were a

reference to hunting carried out in reliance on the registration

under the conditions as proposed to be varied, and

(b)
the assumption in subsection (7) were an assumption about

compliance with the conditions of registration as proposed to be

varied.

(5)
In this section “prescribed” means prescribed by regulations made by the

Secretary of State.”

The Commons disagree to this Amendment for the following Reason—
31A
Because it is consequential on Amendments 1 to 10 to which the Commons have disagreed.

LORDS INSISTENCE AND REASON

The Lords insist on their Amendment 31, for the following Reason—
31B
Because this Amendment is consequential on Lords Amendment 1, on which the Lords have

insisted.

LORDS AMENDMENT NO. 32
32
Insert the following new Clause—

“Appeal to Tribunal (No. 2)

(1)
Where the registrar grants or refuses an application under section

(Variation of non-automatic condition) a party to the application may appeal

to the Tribunal.

(2)
The Tribunal shall give the appellant or appellants and the prescribed

animal welfare bodies an opportunity to make representations.

(3)
On determining the appeal the Tribunal may—

(a)
give a direction to the registrar;

(b)
make any order that it thinks appropriate.

(4)
A person who is party to proceedings under this section may appeal on a

point of law to the High Court.

(5)
An appeal under subsection (4) may be brought only with the permission

of—

(a)
the Tribunal, or